Air Pollution Act 1987
F36[Civil liability for pollution.
28B. — (1) Where an emission causes injury, loss or damage to a person or to the property of a person, the person may, without prejudice to any other cause of action that he may have in respect of the injury, loss or damage, recover damages in any court of competent jurisdiction in respect of such injury, loss or damage—
(a) from the occupier of the premises from which the emission originated unless the emission was caused by an act of God or an act or omission of a third party over whose conduct such occupier had no control, being an act or omission that such occupier could not reasonably have foreseen and guarded against, or
(b) if the emission was occasioned by an act or omission of any person that, in the opinion of the court, constitutes a contravention by the person of a provision of this Act, from that person.
(2) Subsection (1) does not apply to an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act.]
Annotations:
Amendments:
F36
Inserted (23.04.1992) by Environmental Protection Agency Act 1992 (5/1992), s. 18(2) and sch. 3 para. 4, commenced on enactment.
Editorial Notes:
E128
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E129
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.
E130
Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.